再论中医药立法的几个问题

《中华人民共和国中医药法》正在有条不紊的制定中,但中医药基本法立法中出现的问题也折射出了中医药发展过程中的不足。通过对中医药法立法过程中几个问题的再思考,进一步理顺中医药发展的脉络,为中医药基本法立法工作提供参考。     

Knowledge Problems and Proportionality

The proportionality standard demands a meaningful link between the severity of crimes and the punishments received for them. This article investigates the compatibility between this philosophical demand and the practical means most commonly associated with criminal justice provision: governmental decision making. In so far as criminal justice systems require the coordination of real human and physical resources, certain forms of knowledge and incentives are required to calculate, produce, and distribute outputs proportionately. Whereas markets rely upon pricing mechanisms to generate and coordinate information and incentives across diverse stages of complex production processes, governmental decision making often lacks a calculation mechanism comparable to market prices through which knowledge about societal needs and demands can be conveyed and may thus inevitably result in some forms of punitive disparity.     

A comparison of Chinese judges' and US judges' knowledge and beliefs about eyewitness testimony

Abstract

We surveyed 170 Chinese judges about their knowledge and beliefs about eyewitness testimony, and compared their answers to a prior survey of 160 US judges. Although the Chinese judges were less knowledgeable than the US judges, both groups had limited knowledge of eyewitness testimony, including for such important issues as whether lay people can distinguish between accurate and inaccurate eyewitnesses. Unlike the US judges, greater knowledge of eyewitness factors for the Chinese judges was not related to beliefs that may be necessary to reduce eyewitness error. Compared to the US judges, the Chinese judges were much less likely to believe that they needed additional eyewitness training and that they knew more about eyewitness testimony than lay persons. We also discuss the impact of culture, legal systems, investigative procedures, and judges' function on the Chinese judges' responses, and the legal reforms that China may need to implement to reduce eyewitness error.     

Legislating community‐based management: Lessons from the venezuelan freshwater fishery

Abstract

The linkage between legitimate local participation and institutional/legal openness was demonstrated by an evaluation of the current freshwater fishery regulatory system in Venezuela as explicated in the 1944 Ley de Pesca (Law of the Fishery). By examining the current efficacy of Venezuela's freshwater fishery laws and government openness to local input, this case‐study illustrates barriers to community‐based management (CBM) created by top‐down management paradigms and hierarchical legal frameworks. Analysis of a proposed CBM project in Venezuela indicates that enabling institutions and legislation are necessary for effective long‐term, decentralized freshwater fishery management. Social learning is considered as an approach for making the political and legal climate more amenable to local input. The intent is to further clarify how the union of what is legal and what is civil in a society can enhance the capacity and potential of management devolution and therefore bring us closer to achieving sustainable natural resource use.     

日本环境犯罪的刑法理论发展

日本从战后废墟中快速重建,但其工业经济的发展却是以人们的生活环境为代价的,在一连串的公害事故后人们才觉醒到环境的重要,并将环境作为刑法上的重要法益。但是由于环境本身的特殊性,以保护个人利益为基础的传统刑法理论在处理环境犯罪方面明显不足,因此不得不提出相应的修正理论。例如客观归责上的疫学因果关系说,乃至于主观归责上的危惧感说。然而,在面临举证困难的同时,为了有效预防环境犯罪,提早保护不特定多数人的生命、身体乃至于财产安全,日本最终在立法上采用了危险犯的立法模式。日本环境犯罪的刑法理论发展,对我国具有一定借鉴价值。     

Rapid Assessment Procedures

SUMMARY

Given the racialization of subjective, material and historical realities in South Africa, psychological training and practice in community raise crucial and often thorny ethical, epistemological and methodological questions. This article appraises the strengths and limitations of using Rapid Assessment Procedures (RAP) (Afonja, 1992) in the field training of postgraduate students in community-counseling psychology. Rooted in an activist participatory action research framework (Lykes, 1997), RAP provide a framework for the collective exploration of locally constructed representations of a community's needs and resources; joining the ‘community’ (negotiating a dialogical form of communication and a respect for the insider-outsider dialectic); working through one's ‘situated otherness’; and deracializing psychological training and practice.     

Korea: Mythology and scholarship

The Origins of the Korean War, Volume 2, The Roaring of the Cataract 1947–1950, by Bruce Cumings. Princeton University Press, Princeton, NJ, 1990. xviii + 957 pp. $99.50. ISBN 0–691–07843–2.

Documents On British Policy Overseas, Series II, Volume IV, Korea 1950–1951, edited by H. J. Yasamee and K. A. Hamilton, assisted by Isabel Warner and Ann Lane. HMSO, London, 1991. liii + 513 pp. and 12 microfiches. £47. ISBN 0–11–591695–4.     

Governing the future: the European Central Bank’s expectation management during the Great Moderation

Abstract

The experience of the global financial crisis has sparked renewed interest in the role of futurity in the capitalist economy in general and in the formation and coordination of expectations under uncertainty in particular. Economic sociologists have carefully studied the ‘defuturizing’ technologies devised by private actors, but have tended to neglect the increasingly pivotal part played by central banks. Political economists have had more to say on central banks, but have focused on institutional issues rather than on the concrete practices of central banking. Making an original contribution to both literatures, this paper traces the construction and subsequent evolution, up to 2007, of the European Central Bank’s communicative apparatus. Drawing on official documents and on interviews with both ECB staff and market participants, the paper shows how this apparatus created the conditions for the formation and coordination of private sector expectations. The insights from this empirical analysis into the performative dimensions of ‘credibility’ and ‘knowledge’ in monetary governance contribute directly to ongoing debates about the recent extension of the ECB’s communicative apparatus through forward guidance and quantitative easing.     

The Epistemic Value of Public Opinion: Theoretical and Practical Considerations

Abstract

This paper discusses the claim that citizens lack sufficient political knowledge to make sound judgements on public matters. It is contended that practical judgements raise essentially two types of claims, namely a claim to empirical truth and a claim to normative rightness, and that there are good reasons to believe that people's insufficient political knowledge undermines both of them. Yet, an examination of the dynamics of public opinion formation reveals that there is an epistemic potential in public opinion, though it is dependent upon the quality of public debate. Building on this idea and on the concept of deliberative responsiveness, two paths of political reform are proposed, which should illustrate the practical implications of the theoretical argument made in this paper by demonstrating how the quality of public debate and, thus, the epistemic value of public opinion could be enhanced.     

On mediators: Intellectuals and the ideas trade in the knowledge society

This paper aims to provide some broad outlines of a model of intellectual practice that is arguably gaining increasing salience today: the model of the intellectual as mediator. The paper begins by drawing briefly upon some empirical data from a recent study in order to suggest that, although institutions such as universities and think tanks do seem to be embracing practices of intellectual production that are at some remove from ‘traditional’ models of knowledge, the shift is not absolute – not least because the idea of the ‘traditional’ intellectual as a basic norm is itself no doubt somewhat problematic. In seeking to address precisely this question as to how to think about norms of intellectual practice, the main body of the paper is more theoretical in its orientation. It seeks to adapt and extend some features of the work of Michel Foucault and Zygmunt Bauman in attempting to theorize a fourfold typology of intellectual style on the basis of the concepts of legislation, expertise, interpretation and finally mediation itself. Lastly, the paper considers the status of the intellectual as mediator in today's ‘knowledge society’, considering whether the so-called ‘end of ideology’ has led to the demise of the intellectual who generates ‘big ideas’.